Asked in Traffic Tickets and Constitutional Law for Mississippi

Q: Driving as a RIGHT not a privilege. Requirement of licensing. Below is copied from the case text off Justia's website.


Crim. No. 747. Court of Appeals of California, Fifth Appellate District. January 29, 1971.]

THE PEOPLE, Plaintiff and Respondent, v. KENNETH DON HORTON, Defendant and Appellant.

Nonetheless, the RIGHT of the citizen to drive on a public street with freedom from police interference, unless he is engaged in suspicious conduct associated in some manner with criminality, is a FUNDAMENTAL CONSTITUTIONAL RIGHT which must be protected by the courts.

1 Lawyer Answer
Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
  • Criminal Law Lawyer
  • Olive Branch, MS
  • Licensed in Mississippi

A: What is your question? The excerpt does not mean that the ability to drive is a right. This part of the holding is referring to an individual’s right to operate a motor vehicle free from interference from law enforcement absent a good faith belief, or observation, of criminal conduct on the part of the driver or other occupants. These are different issues.

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